Karnataka High Court
Smt. Laxmi W/O. Shivappa Huded vs Shri. Kumar S/O. Ramappa Vaddar on 25 September, 2025
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NC: 2025:KHC-D:13431
RSA No. 100300 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 25TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 100300 OF 2025
(SP/DE/IN)
BETWEEN:
1. SMT. LAXMI W/O. SHIVAPPA HUDED
AGE. 44 YEARS, OCC. HOUSEHOLD WORK,
R/O. PADMANDI TALUKA: RAMDURG,
DIST. BELAGAVI 598364.
2. SHRI ASHOK S/O. BABU GURAKI
AGE. 40 YEARS, OCC. AGRICULTURE
R/O. HULKUND TALUKA: RAMDURG,
DIST. BELAGAVI 591130.
3. SHRI SURESH S/O. BABU GURAKI
AGE. 38 YEARS, OCC. AGRICULTURE
R/O. HULKUND TALUKA: RAMDURG,
DIST. BELAGAVI 591130.
Digitally signed by
MALLIKARJUN
RUDRAYYA
4. SMT. MAHADEVI @ TANGEVVA
KALMATH
Location: HIGH W/O. MARUTI TONDIKATTI
COURT OF
KARNATAKA
DHARWAD BENCH AGE. 36 YEARS, OCC. HOSEHOLD WORK
Date: 2025.09.26
14:38:15 +0530
R/O. KATKOL, TALUKA RAMDURG,
DIST. BELAGAVI 591114.
5. HANAMANT S/O. BABU GURAKI
AGE. 34 YEARS, OCC. AGRICULTURE
R/O. R/O. HULKUND TALUKA: RAMDURG,
DIST. BELAGAVI 591130.
...APPELLANTS
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
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NC: 2025:KHC-D:13431
RSA No. 100300 of 2025
HC-KAR
AND:
SHRI. KUMAR S/O. RAMAPPA VADDAR
AGE. 41 YEARS, OCC. AGRICULTURE
R/O. HULKUND TALUKA RAMDURG,
DIST. BELAGAVI 591130.
...RESPONDENT
(BY SRI. P.G. NAIK, ADVOCATE)
THIS RSA UNDER SECTION 100 OF CPC, PRAYING TO THIS
HONBLE COURT, THAT, THE IMPUGNED JUDGMENT AND DECREE
DATED 29.04.2025 IN R.A.NO.68/2024 PASSED BY THE X
ADDITIONAL DISTRICT JUDGE, BELAGAVI AT BELAGAVI IN
DISMISSING THE SAID REGULAR APPEAL ON THE GROUND
DELAY IN FILING THE SAID APPEAL BY DISMISSING THE
APPLICATION AS IA NO.I FILED UNDER SECTION 5 OF
LIMITATION ACT AND CONSEQUENTIAL REGULAR APPEAL BY
CONFIRMING THE IMPUGNED JUDGMENT AND DECREE DATED
27.04.2024 IN O.S.NO.95/2023 PASSED BY THE SENIOR CIVIL
JUDGE RAMDURG, BE KINDLY SET ASIDE, BY ALLOWING THIS
APPEAL AND REMANDING THE MATTER TO THE LOWER
APPELLATE COURT TO HEAR THE SAID RA NO.68/2024 ON ITS
MERITS OR REMANDING THE MATTER TO THE TRIAL COURT IN
O.S.NO.95/2023 AND DIRECTING THE TRAIL COURT TO HEAR
THE SAID SUIT ON ITS MERTIS, BY GRANTING OPPORTUNITY TO
THE APPELLANTS HEREIN TO FILE WRITTEN STATEMENT, LEAD
EVIDENCE ETC., ITH COSTS IN ITS ENTIRETY THROUGHT THE
PROCEEDINGS UPON THE RESPONDENTS HEREIN, IN THE
INTEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC-D:13431
RSA No. 100300 of 2025
HC-KAR
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
1. The parties and their respective advocates are
present before this Court and have filed a memo, which
reads as under:
"The Respondent respectfully submits as follows:
That in pursuance of the settlement arrived at between the
parties, the Respondent is hereby paying to each of the Appellants
the settled amount in cash in the following manner:
1. Smt. Laxmi W/o Shivappa Huded Rs. 2,00,000/-(Rupees
Two Lakhs only), consisting of 400 notes of Rs. 500/-denomination,
arranged in 4 bundles of Rs. 50,000/- each.
2. Ashok S/o Babu Guraki - Rs. 2,00,000/- (Rupees Two
Lakhs only), consisting of 400 notes of Rs. 500/- denomination,
arranged in 4 bundles of Rs. 50,000/- each.
3. Suresh S/o Babu Guraki- Rs. 2,00,000/- (Rupees Two
Lakhs only), consisting of 400 notes of Rs. 500/- denomination,
arranged in 4 bundles of Rs. 50,000/- each.
4. Smt. Mahadevi Tangevva W/o Maruti Tondikatti
Rs.2,00,000/- (Rupees Two Lakhs only), consisting of 400 notes of
Rs. 500/- denomination, arranged in 4 bundles of Rs.50,000/-each.
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HC-KAR
5. Hanamant S/o Babu Guraki - Rs. 2,00,000/- (Rupees Two
Lakhs only), consisting of 400 notes of Rs. 500/-denomination,
arranged in 4 bundles of Rs. 50,000/- each.
The Respondent has handed over the above settlement
amount in the manner stated to each of the respective Appellants,
and prays that the same may kindly be recorded by this Hon'ble
Court."
2. Along with memo Joint Acknowledgement by the
appellants is produced.
3. A Memorandum of Agreement filed under Section
89 of the Civil Procedure Code (for short, 'the CPC') read
with Rules 24 and 25 of the Karnataka Civil Procedure
(Mediation) Rules, 2007, is placed on record.
4. The contents of the compromise petition have
been read over and explained to the parties in the kannada
language. The matter has been settled before the
Mediation Centre.
5. The parties have agreed to the terms of the
Memorandum of Agreement. Today, in terms of the memo,
respondent-Kumar S/o Ramappa Vaddar, has paid an
amount of Rs.2,00,000/- each to Smt.Laxmi W/o Shivappa
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HC-KAR
Huded, Ashok S/o Babu Guraki, Suresh S/o Babu Guraki,
Smt.Mahadevi @ Tangevva W/o Maruti Tondikatti and
Hanamant S/o Babu Guraki and the same has been
acknowledged by the appellants.
6. The Memorandum of Agreement is lawful and
voluntary. Hence, the same is accepted and I proceed to
pass the following:
ORDER
i. The Memorandum of Agreement filed under
Section 89 of the CPC read with Rules 24 and 25 of
the Karnataka Civil Procedure (Mediation) Rules,
2007 and the compromise petition filed thereunder
are allowed.
ii. The compromise is recorded, and it shall form part
of the decree.
iii. In view of the compromise petition, the appeal
stands disposed of.
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HC-KAR
iv. Draw decree accordingly.
v. In para 10 of the Memorandum of Agreement, a
request has been made for refund of court fee to
appellant No.5 - Hanumant S/o Babu Guraki.
vi. Considering this submission, the same is accepted.
vii. The Registry is directed to refund the Court fee in
favour of appellant No.5 - Hanumant S/o Babu
Guraki with proper identification as per rules.
Sd/-
(G BASAVARAJA)
JUDGE
AC
CT-CMU
